Is Mediation Useful for Divorces with Children in Colorado?

No two divorce cases are absolutely identical. Every couple has a unique approach to the end of a marital relationship. They have their own dynamic to consider, as well as the family that they have established and the resources they have accumulated.

Colorado spouses often aim to keep divorces as peaceful as possible. Mediation is an alternative dispute resolution (ADR) option that can sometimes help divorcing couples reach their goal more efficiently. Those with children still living at home are among those who may find divorce mediation to be particularly beneficial. Why do those who share children often decide that mediation is the best solution for an upcoming divorce?

If you need to review your case with an attorney who cares, get in touch with our Colorado divorce lawyers at You Law Colorado by calling (720) 815-4421.

Benefits of Divorce Mediation for Couples with Children in Colorado

Attempting divorce mediation can be a smart choice for those preparing for divorce with children. Our experienced Colorado divorce attorneys have noticed a wide range of potential benefits that couples may experience.

Talking Openly But Privately

Very personal considerations from during the marriage can have an impact on financial and custody issues. Someone may not want to openly in family court talk about their spouse’s drinking habits or short fuse, but they might very well believe that those factors should influence the division of parental rights and responsibilities. Colo. Rev. Stat. § 13-22-307 establishes that mediation is confidential in most cases, allowing people to feel confident about discussing private matters that should influence how they handle divorce issues.

Reducing Conflict

Divorce proceedings are often very challenging for the children in a family because of the conflict between the parents. Children often feel trapped in the middle and suffer psychological consequences in high-conflict divorces. Parents who mediate their disagreements may be able to stay calmer during normal interactions with one another, such as custody exchanges. They can also eliminate the pressure the children feel to take a side or state their preferences regarding their living arrangements.

Reducing Total Expenses

Divorce is usually a costly process, but litigation can make it far more expensive to complete. Spouses who find solutions for disagreements in mediation can significantly curtail how much time they spend in court. That, in turn, can lower the total cost of the divorce process. When parents have more resources, they can more effectively maintain the standard of living their children have grown accustomed to despite now living in two separate households.

Promoting Control and Flexibility

Mediation can also allow parents to maintain control over the decisions affecting their children, instead of leaving these decisions to a judge. For example, couples who pursue divorce mediation may be able to tailor agreements to their unique family dynamics and schedules. They can create more practical and workable arrangements that suit their lifestyles.

Moreover, mediation allows for participating parents to be flexible and prioritize their families’ well-being. Mediators will guide couples through the process of creating a parenting plan that focusses on their children’s needs.

Can Child Support Be Negotiated Through Divorce Mediation in Colorado?

Colo. Rev. Stat. § 14-10-115(2) outlines the factors that are typically used to determine child support. Under this statute, the amount of support to be paid will be determined using a formula based on the income of both parents, the amount of overnight stays each parent has with their children, and several other factors.

In mediation, however, participating parents have the flexibility to modify this formula if they agree it is best for their children. They can also discuss and reach agreements on how future expenses, such as college tuition, will be managed.

What Are the Steps to Divorce Mediation for Couples with Children in Colorado?

When compared to formal litigation, divorce mediation is a very streamlined process. Most couples will go through the following general process:

Consulting with the Mediator

Divorce mediation begins with an initial meeting with the mediator. During this session, the mediator explains the mediation process, sets ground rules, and answers any questions the participating couple may have. This consultation helps the couple decide if mediation is a good for them.

Continued Mediation Sessions

After the initial consultation, the couple schedules mediation sessions at suitable times. In these sessions, the mediator helps the couple discuss and resolve issues such as spousal support, parenting plans, child custody, and asset division. The mediator should seek to facilitate productive conversations that lead the couple toward mutually beneficial solutions.

Producing a Memorandum of Understanding

As agreements are reached, the mediator records them in a Memorandum of Understanding (MOU). The MOU details the terms of the divorce and acts as a guide for the couple as they move forward. Essentially, this document provides a clear and organized outline of the agreements made during mediation.

Presenting to the Court

Once both parties finalize and sign the MOU, it is submitted to the court for confirmation. The court usually incorporates the MOU’s terms into the official divorce decree. Since the couple has already agreed on the terms through mediation, the process of presenting an MOU to the court tends to be straightforward.

Can Alimony Be Calculated Through Divorce Mediation for Couples with Children in Colorado?

Alimony, also referred to as “maintenance,” is a form of spousal support that may be negotiated through divorce mediation for couples with children in Colorado. As outlined in Colo. Rev. Stat. § 14-10-114(3)(a), when determining whether alimony will be part of their divorce agreement, a couple will typically disclose the length of their marriage, each party’s financial resources, and the standard of living established during the marriage.

Mediation allows couples to agree on a proper duration and amount of alimony payments that reflect the circumstances of both spouses.

How Long Does Divorce Mediation Take for Couples with Children in Colorado?

The amount of time it takes to complete your divorce mediation in Colorado will depend on how complicated the issues are and how willing you and your spouse are to work together. On average, mediation may take anywhere from a few weeks to a few months to complete.

As a couple with children, mediation may involve extra sessions so that you can create a detailed parenting plan. The more disagreements you have, the more sessions will be required. Still, this process is generally faster than going through traditional divorce court. Formal litigation can last many months or even years.

What Does the Mediator Do During Divorce Mediation for Couples with Children in Colorado?

During a divorce mediation, the mediator will act as a neutral third party who helps facilitate negotiations. In Colorado, mediators are usually trained professionals with knowledge in conflict resolution and family law. Their job is to create a supportive setting where both parties can share their concerns, find common ground, and explore possible solutions.

For couples with children, the mediator may help focus on creating a detailed parenting plan and resolving child custody issues. They can also assist in discussing asset division and spousal support. Ideally, the mediator will guide discussions constructively, encourage compromises, and ensure that both parties’ interests pertaining to their children are respected.

Fortunately, our experienced legal professionals are prepared to serve as the mediator in your case. We can help determine if divorce mediation is right for you during your free case assessment.

What Happens if You Cannot Reach an Agreement on an Issue During Divorce Mediation in Colorado?

If you cannot reach an agreement on certain issues during mediation, then you may need to take those issues to court. At court, a judge will likely make a decision based on legal standards and the evidence brought before them.

Mediation aims to resolve as many issues as possible, but if disagreements persist, formal litigation can become necessary. Still, it is important to note that even partial agreements reached through divorce mediation can simplify the court process by narrowing the points of contention.

Can You Use an Attorney During the Divorce Mediation Process in Colorado?

Rather than hiring one of our attorneys to serve as your mediator, you may simply want a member of our legal team to help represent your interests during the mediation process. We can help you understand your rights, review any agreements reached, and ensure that your rights are protected. While the mediator remains neutral and facilitates the discussion, our lawyers can offer guidance specific to your situation.

Contact Our Law Firm for Help with Your Divorce Mediation in Colorado?

Seek support from our Colorado divorce lawyers at You Law Colorado by dialing (720) 815-4421.